HONOLULU – The state Department of Commerce and Consumer Affairs (DCCA) and the state Boards and Commissions released a summary of disciplinary actions through the month of January 2018 taken on individuals and entities with professional and vocational licenses in Hawaii. These disciplinary actions include dispositions based upon either the results of contested case hearings or settlement agreements submitted by the parties. Respondents enter into settlement agreements as a compromise of claims and to conserve on the expenses of proceeding with an administrative hearing.

The DCCA and the Boards and Commissions are responsible for ensuring those with professional and vocational licenses are performing up to the standards prescribed by state law.

Respondent was allegedly the subject of disciplinary action in California based on allegations related to anger management and may have failed to report the action in Hawaii, in potential violation of HRS §§ 453-8(a)(11) and 453-8(a)(14). (Board approved Settlement Agreement.)

Respondent was allegedly the subject of disciplinary action in Florida based on allegations Respondent failed to diagnose a fracture of an L4 vertebral body present on one or more CT images, in potential violation of HRS §§ 453-8(a)(11). (Board approved Settlement Agreement.)

Respondent was allegedly the subject of disciplinary actions in Florida based on allegations Respondent failed to meet the prevailing standard of care by severing and ligating a common femoral vein instead of a saphenous vein, and Pennsylvania based on the Florida action, and may have failed to report both actions in Hawaii, in potential violation of HRS §§ 453-8(a)(11) and 453-8(a)(14). (Board approved Settlement Agreement.)

Respondent was allegedly disciplined by several states and failed to report the disciplinary actions to the Hawaii Board within thirty days as required by Hawaii law, in possible violation of HRS §§ 436B-19(13) and 436B-19(15). (Board approved Settlement Agreement.)

Respondent Marvin C. Overson, RME for Respondent MCO & Associates, LLC, was allegedly not in residence in Hawaii during periods of time when Respondent MCO & Associates, LLC was contracted to construct and did construct the new Panda restaurant in Kapolei Hawaii, in possible violation of HAR §§ 16-77-71(a)(4) and 16-77-71(a)(5). (Board approved Settlement Agreement.)

On or about November 20, 2014, Respondent was allegedly convicted of the petty misdemeanor offense of Harassment in the District Court of the Third Circuit, State of Hawaii. Despite the conviction, Respondent answered “no” in response to the question on his electronic renewal application dated August 8, 2016, which asked, “In the past 2 years, have you been convicted of a crime which has not been annulled or expunged?”, in possible violation of HRS § 444-17(10). (Board approved Settlement Agreement.)

On or about November 30, 2016, when RICO investigators conducted an inspection of Respondent’s place of business, Respondent did not have Respondent’s massage therapist and massage therapy establishment licenses displayed, in violation of HRS § 452-24(a)(4). (Board approved Settlement Agreement.)

On or about June 4, 2015, Respondent was allegedly convicted of Criminal Contempt of Court in the District Court of the Third Circuit, State of Hawaii. Despite the conviction, Respondent answered “no” to question number 3 on her renewal application dated March 26, 2017, which asked: “In the past 2 years have you been convicted of a crime which the conviction has not been annulled or expunged?”, in possible violation of HRS §§ 452-24(a)(1) and 452-24(a)(9). (Board approved Settlement Agreement.)

On or about August 11, 2015, Respondent was allegedly convicted of No Motor Vehicle Driver’s License and Failure to Appear in the District Court of the Third Circuit, State of Hawaii. On or about September 22, 2015, Respondent was allegedly convicted of No Motor Vehicle Driver’s License in the District Court of the Third Circuit, State of Hawaii. Despite the convictions, Respondent answered “no” to question number 3 on her renewal application dated June 26, 2016, which asked, “In the past 2 years have you been convicted of a crime which has not been annulled or expunged?”, in possible violation of HRS §§ 452-24(a)(1), 452-24(a)(6) and 452-24(a)(9) and HAR §§ 16-84-19(1) and 16-84-19(5). (Board approved Settlement Agreement.)

Respondent was allegedly the subject of disciplinary action in Texas based on allegations Respondent dispensed and sold prescription drugs in North Carolina, Arkansas, Louisiana and Oregon without required licenses and failed to timely report the action to the Board, in potential violation of HRS §§ 436B-19(13) and 436B-19(15). (Board approved Settlement Agreement.)

On or about May 10, 2017, Respondent was allegedly convicted of the offense of Abuse of Family or Household Member and sentenced, in potential violation of HRS § 436B-19(12) and HAR § 16-97-46(17). (Board approved Settlement Agreement.)

On or about November 25, 2015 in the District Court of the Third Circuit, State of Hawaii, Respondent was allegedly convicted of reckless driving and refusing a breath/blood/urine test. Despite the conviction(s), Respondent submitted a renewal application for his guard employee license on May 24, 2016 and answered “no” to the question: “In the past two (2) years have you been convicted of a crime in which the conviction had not been annulled or expunged?”, in possible violation of HRS § 436B-19(5) and HAR § 16-97-46(12). (Board approved Settlement Agreement.)

Respondents allegedly managed properties outside of the brokerage firm they were associated with without a written contract and deposited client trust money in bank accounts other than client trust accounts, failed to account for funds withdrawn from the bank account of an AOAO for which Respondents were managers and made false statements to the Commission on applications for real estate continuing education provider reregistrations, in possible violation of HRS §§ 467-14(7), 467-14(8), 467-14(15), 467-14(16), 467-14(20) 467-20, 436B-19(7), 436B-19(8), 436B-19(11) and 436B-19(12) and HAR §§ 16-99-3(f), 16-99-3(h) and 16-99-3(v). (Commission approved Settlement Agreement.)

Before being issued a license by the Commission, Respondent was allegedly convicted in Hawaii of the crime of harassment, a petty misdemeanor. Despite the conviction, Respondent answered “No” to the question on the license application form that asked: “During the past 20 years have you ever been convicted of a crime where there has not been an order annulling or expunging the conviction?”, in possible violation of HRS §§ 436B-19(2), 436B-19(5), 436B-19(17) and 467-20. (Commission approved Settlement Agreement.)

On or about December 31, 2014, Respondent’s real estate salesperson’s license expired and/or was forfeited. Respondent undertook activities requiring a license between approximately January 1, 2015 and December 28, 2016, in violation of HRS § 467-7. (Commission approved Settlement Agreement.)

Respondent’s real estate broker’s license expired on or about December 31, 2012 and was restored on or about May 5, 2014. During that time, Respondent engaged in three real estate transactions requiring a real estate broker’s license, in violation of HRS § 467-7. (Commission approved Settlement Agreement.)

On or about July 2017, Respondent was allegedly convicted in the State of Hawaii of the criminal offense of Operating a Vehicle Under the Influence of an Intoxicant, in possible violation of HRS §§ 436B-19(12) and 436B-19(14). (Commission approved Settlement Agreement.)